How Do I File a Contempt Motion in a Florida Family Law Case, and What Proof Should I Include? | Florida Family Law | FastCounsel
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How Do I File a Contempt Motion in a Florida Family Law Case, and What Proof Should I Include?

How can I file a contempt of court motion in a pending family law case, and what supporting proof should I include? - Florida

The Short Answer

In Florida family cases, a contempt request generally must be tied to a clear, existing court order and supported with proof showing the other party’s noncompliance and that the noncompliance was willful. What you should include depends heavily on the type of order allegedly violated (time-sharing, support, injunction terms, etc.), and mistakes can lead to denial or delay.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

  • Strict Deadlines: In injunction matters, the court can set hearings quickly, and temporary injunctions can be time-limited—timing and notice issues can affect whether the court will hear your request and what relief is available.
  • Burden of Proof: Contempt typically turns on proving a specific order existed and was violated, plus showing the violation was willful. That often requires the right mix of certified copies of orders, service/notice proof, and credible supporting records (messages, payment histories, exchange documentation, third-party records).
  • Exceptions: Some disputes are not contempt issues at all (they may require modification, clarification, or a different enforcement remedy), and injunction-related enforcement can involve both civil and criminal pathways with different risks and consequences.

Trying to handle this alone can lead to procedural errors or dismissal of your case.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.